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Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......ect of the appellant passed by the Bangladesh Biman Corporation under Regulation 11A(2) of the Regulations is not sustainable as the employees of Biman being public servants only the Government has power to retire them under section 9(2) of the Public Servant (Retirement) Act 1974……...... the appellant passed by the Bangladesh Biman Corporation under Regulation 11A(2) of the Regulations is not sustainable as the employees of Biman being public servants only the Government has power to retire them under section 9(2) of the Public Servant (Retirement) Act 1974……&helli......uot; and thereupon held there was no illegality in exercising the power. 8. On the aforesaid observation and finding the High Court Division discharged the Rule. 9. Leave was granted for consideration of the submission that Bangladesh Biman Corporation had no power und..Category: Employment/Service Law | Date: | Hits: 79
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......s Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md Sajjadul Huq, Advocate-on- Record—For the Respondent. Not represented—Respondent (State). Criminal Petition for Leave to Appeal No. 13 of 2005. (From the judgment and order dated 25th July 2004 passed by the High Co......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......t give a decision which is binding on the parties. He merely corrects apparent clerical mistakes in the record of right and direct correction of such clerical mistakes. If he is vested with necessary powers, incorporates necessary changes in the record of rights mutating the names when mutation is a......rim J MM Ruhul Amin J Sahera Khatun & others…………………..Appellants Vs. Abdur Rahim SK and another............Respondent Judgment August 22, 2007. Cases Referred to- Idrish All and another vs State 38 DLR 270; Thakur Nirman Singh vs Thakur Lal Rudra Partab Na......ties i.e., appellants and others. 3. The opposite parties i.e. appellants herein and others, appeared before the Court of Magistrate on August 16, 1995 and prayed for bail. The Court of Magistrate granted bail to 14 (fourteen) persons and refused the bail in respect of others. 4. The persons i..Category: Criminal Law | Date: | Hits: 48
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......of the apÂpellant) is instructive:— "I am 70-75 years old, Motalib (appellant) is my son and I am looking after his property since his absence. My son is outside BanglaÂdesh. My son executed a power of attorney in my favour for conducting the case. This is the power of attorney signed by my s...... ATM Afzal J Mustafa Kamal J Latifur RahÂman J Abdul Motalib..................…………………...Pre-emptee-Appellant Vs. Iman Ali Mollah and others.....................Pre-emptor-Respondents Judgment March 14, 1990. Result: The appeal is dismissed. The State......de the lower appellate Court's judgment in the absence of the pre-emptee appellant in Civil Revision Case No.616 of 1984 on 16.5.85. A ReÂview Petition was also dismissed on 28.7.85. 2. Leave was granted to the pre-emptor appellant to consider whether notice of the Rule issued in the Civil Revis..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120....... of the tender being submitÂted by a firm, it must be signed separately by each member thereof, or in the event of the abÂsence of any partner, it must be signed on his behalf by a person holding a power of attorney authorising him to do so, such power of attorÂney to be produced with the tender ......a Administration Re-Organisation) Ordinance, 1982 (Ordinance No. 59 of 1982) Section 6(2)(f) Considering the evidence that has been adduced in this case it is found that the respondent was a party to a contract with the Upazila Parishad and his pecuniary interest had continued at the time when he......t Division took the view that respondent No.1 had sold away his share to his brother before he filed nomination paper and as such he was not disqualified from contesting the election. 7. Leave was granted to consider the question whether respondent No.1 was disqualified from conÂtesting the elec..Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......e Court Appellate Division (Civil) Present: Badrul Haider Chowdhury CJ Shahabuddin AhÂmed J ATM Afzal J Mustafa Kamal J Channel Cinema Ltd. repreÂsented by Managing Director having office at Madhumita Cinema Hall Building, 158-160 Motijheel C/A. Dhaka................Pla......under section 18(1)(e) of the Ordinance. Further, on the face of the pleadings and the eviÂdence adduced in the case the plaintiff totally failed to prove the bona fide requirement." 6. Leave was granted to consider the merit of the plaintiff’s aforesaid plea of bona fide requirement. 7. On..Category: Property Law | Date: | Hits: 64
Comilla Electric SupÂply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ...... Ltd. adÂmittedly was a licensee under the Electricity Act and they were generating and transmitting electrical enÂergy in the town of Comilla. After the promulgation of the EPWAPDA Ordinance, 1958 power was conÂferred upon the authority for transmission of electric energy in the whole province v...... 1982. Result: The Appeal is dismissed. The Income-Tax Act, 1922 (XI of 1922), section 10(2)(vii) In 1962 Amendment, it said for the purpose of sub-section(1) the business will "be deemed to be carried on by Assessee in the year in which the sale, exchange, or acquisition, as the case ma...... for its decision on the question raised. The High Court Division by its order dated 1-9-80 rejected the appliÂcation holding that there was a sale of the assets of the assessee appellant. Leave was granted to consider the question whether the transaction could be treated as a sale within the meani..Category: Fiscal/Taxation Law | Date: | Hits: 80
Abdul Mannan TalukÂder Vs. BD House BuilÂding Finance CorporaÂtion and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ...... Administrative Tribunal cannot give complete justice to the appellant. This seemingly attractive argument does not stand scrutiny for two reaÂsons. Firstly, the Administrative Tribunal has the full power to give complete relief to an applicant and it may even draw a proceeding of contempt against ......ve Tribunal Act, 1980 (VII of 1981), sections 2 (aa) and 4 Other amendments—Ordinance No. 51 of 1984. Remedy under sections 34, 62 or 64 of the Industrial Relations Ordinance is not available to a trade union leader working in the House Building Finance Corporation. The impugned order of tra...... any matter falling within the jurisdiction of the administrative tribunal the First Labour Court's order dated 3.11.88 was passed without lawful authority and was of no legal effect. 5. Leave was granted to consider whether the non-transferability of a Trade Union leader granted under section 47..Category: Labour and Industrial Law | Date: | Hits: 111
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....appellant she could not invoke the writ jurisdiction without exhausting the remedy provided for in the Ordinance, generally speaking is well in accord with the settled principle governing exercise of discretionary jurisdiction under Article 102 of he Constitution. Even so the facts of the present ca...... section 7 came to the finding that the said section can give the appellant exactly the same remedy which she was praying for in the petition, that the court of settlement has been given the specific power to exclude the disputed property from the impugned list, that the appellant has been given spe......ary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985] Sections 5 (1)(a), and 7 The view of the High Court Division that when a statute devised an alternative forum for giving complete relief to the appellant she could not invoke the writ jurisdiction without exhausting the remedy provided f......that the writ petition was not maintainable as there was an alternative remedy available under section 7 of the Ordinance and accordingly discharged the rule by the impugned judgment. 8. Leave was granted to consider whether in view of the special facts and circumstances of the case the High Cour..Category: Property Law | Date: | Hits: 54
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......peal is allowed. The Specific Relief Act, 1877 (I of 1877), section 55 Where the use of property is permissive and not as of right no case is made out for injunction far less a question of mandatory injunction. The obligation referred to in this section means a legal obligation and not a moral......ect that the suggestion of the District Judge will be given due consideration by all concerned with a spirit of understanding and accommodation and not with an air of belligerÂence." 5. Leave was granted to consider the correctÂness of the decision of the learned single Judge in view of the cer..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......ut also of the nature of the proposed construction of the super market and it is also in active consideration of the government that under no circumstances the educational environment will be allowed to be destroyed or disturbed. In this view of the matter judicial intervention is not required when ......AIR 1988 (SC) 2211 noticed— "The proceedings do not partake of pre-determined private law litigation models but are exogenously determined by variations of the theme. Again, the relief to be granted looks to the future and is, generally, corrective rather than compensatory which, sometimes,..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil ApÂpeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......ction 24 Whether the District Judge as Election Appellate Authority can transfer an appeal against the decision of the Election Tribunal to the Additional District Judge in the absence of any such power in the Local Government (Union Parishad) Ordinance, 1983? Held: When the legislature confer......; 29(4) The Code of Civil Procedure, 1908 (V of 1908), section 24 Whether the District Judge as Election Appellate Authority can transfer an appeal against the decision of the Election Tribunal to the Additional District Judge in the absence of any such power in the Local Government (Union Par......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil ApÂpeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ..Category: Election Law | Date: | Hits: 125
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....h Court DiviÂsion ought to have either remanded the case or examÂined the record himself for a decision as to alleged non-service of summons. He also submitted that inÂterference in revision being discretionary, the order of the Assistant Judge allowing the Misc. Case upon awarding cost ought not......ly been set-aside by the High Court Division. In deciding an application under Order IX, rule 13 of the Code of Civil Procedure learned Assistant Judge cannot restore the suit in exercise of inherent power under section 151 of the Code………………………(5 & 6). Lawyers Involved: ...... Judgment April 30, 1989. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 151 & Order IX, rule 13 The learned assistant judge has not come to any finding as to service of summons upon the appellants to ascertain due service. So there is no......the submission made by the learned AdvoÂcate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74...Category: Procedural Law | Date: | Hits: 88
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ...... is dismissed. The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 will apply to the case i.e. time will begin to run when the plaintiff has notice that performance is refused. T......mission was reÂquired as the Ordinance in question had already exÂpired. The suit having been filed within 3 years next from that date i.e. 2.4.69 it was not barred by limiÂtation. 6. Leave was granted to consider whether the issue as to limitation was correctly decided by the High Court Divis..Category: Procedural Law | Date: | Hits: 132
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......of Civil Procedure, 1908 (V of 1908), section 11, Explanation IV The High Court Division found that the earlier suit for declaration of title failed not primarily because it was not by the proviso to section 42 of the Specific Relief Act (for want of future relief) but because the plaintiff faile......udgment Badrul Haider Chowdhury J.-This apÂpeal by special leave is directed against the judgment and order passed by the High Court Division in CivÂil Revision No. 1067 of 1981. 2. Leave was granted to consider whether the High Court Division was correct in taking the view that the suit fil..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......ndant Nos. 1 and 2 out of original CS plot beforehand but that demarcation of plaintiff’s share out of S.A. plot No. 1162 will be done by the advocate commissioner before final decree having regard to all the principles of partition and the defendants can take objection, if any, before the decree ......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is disÂmissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is disÂmissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......lves a kind of forced sale for the stranger-purchaser. And hence the Court would in equity determine the valuation of the transferred share on the date of the filing of the application for permission to purchase the share of the stranger-purchaser………………….(11) Cases Referred to— ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is disÂmissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)
.... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ...... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ......isposal of the appeal…………..(3) Lawyers Involved: Md. Lutfur Rahman Mondal, Advocate, instructÂed by Md. Aftab Hossain, Advocate-on- Record.—For the Appellant B. Hossain, Deputy Attorney-General, instructed by A. W. Mallik, Advocate-on-Record.—For the Respondent Criminal App......re lodging of the FIR, the appellant deposited the amount for which he has been charged for misappropriation. The co-accused is on bail. Under the fact the appellant shall continue on ad-interim bail granted earlier till disposal of the appeal…………..(3) Lawyers Involved: Md. Lutfur Rah..Category: Criminal Law | Date: | Hits: 34
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......the appellate Court held five out of eleven accused guilty and upheld the acquittal of the rest. An acquittal is not ordinarily interfered with by the appellate court; but the latter undisputedly got power to reverse an acquittal and hold the accused guilty if the acquittal is found to be perverse o......ere common causalities in the judgment of the trial court vitiating the order of acquittal. All the 'epithets' found in the first paragraph of the Privy Council judgment quoted above are attributable to the trial court judgment and the order of acquittal was liable to be interfered with…………â...... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......e.........................Respondent Judgment March 5, 1989 The Criminal Law Amendment Act, 1958 (XL of 1958), section 6 The order of sanction was there along with the charge-sheet prior to beginning of the trial of the accused under the Criminal Law Amendment Act, 1958. Such requiremen......f the trial Court and the appellate Court and argued that there was no reference to any order of sanction which was mandatory for the trial of the apÂpellant, a public servant. Leave was, therefore, grantÂed to see whether the entire trial was vitiated in the absence of sanction as prior sanction ..Category: Criminal Law | Date: | Hits: 41
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